Discretionary pastoral activity decision - Disturbing soil to for housing and fencing - A6635852

For this decision summary:

• LINZ received the application before 17 November 2022
• accordingly, the decision was made under the Crown Pastoral Land Act 1998 excluding the amendments taking effect on 17 November 2022.

Disturbing soil to for housing and fencing

10 years with maintenance rights

The Commissioner of Crown Lands considers that there are significant farming benefits to the proposed soil disturbance for housing and for a boundary fence.  Appropriate conditions can be applied to avoid, remedy or mitigate all of the effects on the land. The area where the disturbance for housing is proposed has been heavily modified through cultivation and/or oversowing and topdressing. The advice from the Director General of Conservation indicates that the soil disturbance will not adversely affect any inherent values provided the conditions listed are adhered to.

Consent is granted for soil disturbance subject to the following conditions:

General soil disturbance conditions

1. Any machinery brought in to carry out the soil disturbance shall be cleaned of plants and soil prior to entering the Lease to remove any possible weed contamination.
2. Soil disturbance is limited to the minimum required to carry out the proposed works.
3. In the event of accidental discovery of any archaeological sites, work must stop, and the accidental discovery protocol should be followed. The Lessee should then advise New Zealand Historic Places Trust of the discovery.
4. All contractors and employees of Lorne Peak Station are informed of the conditions of this consent prior to the soil disturbance work starting.

Additional conditions for specific activities

Soil disturbance for housing is subject to the conditions outlined below:

5. The soil disturbance for the housing will only occur within or near to (within 30m) of the area as indicated on Map 1 attached to the Notice of Decision.
6. The buildings will be located as discreetly as possible and clad in neutral/natural colours.
7. Vegetation clearance and soil disturbance will be limited to the minimum amount required to prepare the ground for the house and associated infrastructure (e.g. septic tanks, gardens).
8. Run off from the houses and sections shall be directed away from any swales/gullies to filter through pasture or curtilage plantings.
9. No mechanical soil disturbance shall occur within 5 metres of any waterway.  Soil disturbance within 5 metres of a waterway shall be restricted to hand-held methods only and all practical measures are undertaken during proposed works to minimise disturbance to waterways and riparian zones.
10. All disturbed ground shall have seed sown and fertiliser applied within 6 weeks and be planted within 6 months of the disturbance occurring to reduce the risk of wind erosion.

Soil disturbance for fencing is subject to the conditions outlined below:

11. The soil disturbance for the fencing will only occur within or near to the area as indicated on Map 2 attached to the Notice of Decision. Some modification of the line is permitted to avoid wetlands or areas of diverse shrubland.
12. Vegetation clearance and soil disturbance will be limited to the minimum amount required to safely and effectively construct the fence.
13. The fencing may be constructed using a tractor, four-wheel drive and side-by-side vehicles only. There shall be no use of heavy tracked machinery such as diggers and bulldozers.
14. The fence type shall be limited to a 6 or 7 wire post/T-Iron and waratah fence. A separately hung floodgate should be used for any stream crossings. All fencing should be constructed in line with best practice.
15. The route is chosen so that the fence and any soil disturbance including spoil avoids all wetlands by at least 20 metres i.e., is routed through tall tussock grassland only.
16. No mechanical soil disturbance shall occur within 5 metres of any waterway.  Soil disturbance within 5 metres of a waterway shall be restricted to hand-held methods only and all practical measures are undertaken during proposed works to minimise disturbance to waterways and riparian zones. 
17. All disturbed ground shall have seed sown and fertiliser applied within 6 weeks and be planted within 6 months of the disturbance occurring to reduce the risk of wind erosion. Seed should be of species that once grown will blend into the surrounding vegetation, e.g. tussock, browntop.
18. For any activities that may have fire risk associated to them, Fire and Emergency New Zealand (FENZ) must be engaged to ensure that the permissions and mitigation are in place to prevent the risk of fire.

The Crown Pastoral Land Act 1998 provides that permission to undertake the activity may still be needed under other enactments.